Introduction

1. The Concordat applies to the enforcement of

a) unconditional sentences pronounced in the Concordat cantons, as well as institutional therapeutic measures and detentions concerning adult persons;

b) sanctions against adults and juveniles, insofar as the enforcement is carried out in facilities serving joint enforcement (Concordat institutions).

2. The participating cantons shall inform each other about their planning and construction activities in the entire field of deprivation of liberty and shall coordinate the offers as far as possible and appropriate.

1. The supreme body of the Concordat is the Penal Execution Commission. It consists of one government member from each of the participating cantons.

2. The Penal Execution Commission

a) exercises supervision over the application and interpretation of the Concordat and decides in cases of dispute;

b) appoints the necessary organs;

c) issues guidelines for cooperation in the execution sector and for the design of the execution, which can be declared binding with the consent of all parties involved;

d) decides, with the consent of the cantons where the facilities are located, which execution facilities fulfill joint execution tasks as Concordat institutions, and plans the necessary supply of execution places;

e) determines the cost allocations for the Concordat institutions;

f) can grant private institutions the permission to execute penalties in the form of semi-detention and work externalization, inpatient treatments for mentally disturbed offenders and those dependent on substances or in other ways, measures for young adults, as well as sanctions of the Juvenile Criminal Law;

g) gives opinions on legislative proposals or reports from the Confederation or on international treaties or reports from international organizations.

3. The Penal Execution Commission meets at least twice a calendar year. It elects from among its members the President and their deputy. Decisions are made by a simple majority vote. Each canton has one vote. In the event of a tie, the President has the casting vote. Otherwise, the Penal Execution Commission regulates its own procedures.

1. The Penal Execution Commission appoints the Central Office as the executive body. This office consists of the Concordat Secretariat as the leadership, along with representatives from the professional conferences of the institution directors, the admission and execution authorities, and the probation services.

2. The Central Office

a) identifies and analyzes cross-cantonal developments in the field of penal and measure execution, submits proposals to the Penal Execution Commission, and executes their resolutions;

b) ensures networking among the concordat bodies;

c) receives and processes proposals from the professional conferences;

d) promotes cooperation between the concordats;

e) provides the cantons with information necessary for fulfilling their duties and issues recommendations on the application and interpretation of the concordat and the guidelines.

3. In other respects, the Penal Execution Commission regulates the duties and organization of the Central Office with regulations.

1. The Corrections Commission appoints the Concordat Secretariat.

2. The Concordat Secretariat

a) directs the central office and participates in the meetings of the expert conferences whenever possible;

b) prepares the meetings of the Corrections Commission;

c) informs the cantons about important innovations in the execution sector, advises them on individual execution cases, and makes recommendations in the interest of an even occupancy of concordat institutions;

d) carries out all tasks not assigned to another body.

3. The costs of the Concordat Secretariat are borne by the participating cantons in proportion to the population according to the most recent federal census. The Corrections Commission may determine a basic contribution.

1. There are professional conferences of the

a) Institution Directors;

b) Committal and Enforcement Authorities;

c) Probation Services.

2. The professional conferences serve the purpose of inter-cantonal exchange of specific expertise and information. They identify developments and trends in the areas of penal and measures enforcement, as well as in the institution and prison system, and submit applications to the central office for the attention of the Penal Enforcement Commission.

3. They organize their own procedures.

1. The Prison Enforcement Commission appoints a specialized committee consisting of representatives from law enforcement agencies, correctional authorities, and psychiatry to assess the public dangerousness of offenders, and designates the chairperson.

2. The specialized committee evaluates, upon request of the canton responsible for enforcement, the dangerousness of offenders and issues recommendations

a) in cases prescribed by federal law;

b) if the public dangerousness of an offender cannot be clearly determined by the enforcement authority, if there are doubts concerning the appropriate measures to be taken, or if despite affirming the public dangerousness, a relaxation of enforcement is being considered.

3. Furthermore, the Prison Enforcement Commission regulates the tasks and organization of the specialized committee through regulations. The costs of the assessment are borne by the canton responsible for enforcement.

1. The participating cantons commit, subject to the approval of the necessary credits by the authorities responsible under cantonal law, to establish, expand, and operate the following enforcement facilities for the joint execution of custodial sentences, custodial measures, and the accommodation of juveniles and juvenile detention

a) Canton of Zurich

1. Pöschwies Penal Institution (closed custody)

2. Branches of the Pöschwies Penal Institution (open custody) Measures Centre Uitikon (measures for young adults as well as protective measures and detention for juveniles)

b) Canton of Appenzell A.Rh.: Gmünden Penal Institution (open custody)

c) Canton of St. Gallen

1. Saxerriet Penal Institution (open custody)

2. Bitzi Measures Centre (execution of measures, in particular treatment of mental disorders and addiction treatment)

d) Canton of Graubünden

1. Sennhof Penal Institution (closed custody)

2. Realta Institution (open custody)

e) Canton of Thurgau: Kalchrain Measures Centre for Young Adults (measures for young adults as well as protective measures and detention for juveniles)

2. The Correctional Commission may, upon request of the host canton, assign joint enforcement tasks to additional enforcement facilities, provided the facility complies with the requirements and regulations established in this concordat and the guidelines.

3. The Correctional Commission decides on the change of purpose of a concordat institution or its release from joint enforcement tasks upon request of the host canton.

1. To ensure that the statutory enforcement mandate is fulfilled and the enforcement principles are adhered to, the participating cantons shall provide for

a) the employment of a sufficient number of suitable staff members in the enforcement facilities;

b) the joint initial, advanced, and continued training of the personnel.

**1. The participating cantons undertake to carry out the custodial sentences and custodial measures they are responsible for enforcing in the concordat institutions.**

**2. The enforcement is governed by the regulations for the individual enforcement facilities. These regulations are issued by the canton that operates the enforcement facility. They must be approved by the Penal Enforcement Commission.**

**3. The following are reserved:**

a) the enforcement of custodial sentences in a prison of the canton responsible for enforcement, if the individual concerned cannot be admitted to a concordat institution for temporal or personal reasons;

b) enforcement in the form of semi-detention or within the framework of residential and work externship;

c) the assignment of enforcement to a canton that does not belong to the concordat;

d) admission to an enforcement facility outside the concordat in individual cases for security reasons, to optimize the composition of inmates, or if reintegration is facilitated by the employment or educational situation or with consideration of the familial environment. As far as the canton responsible for admission is competent to make decisions, it shall apply this concordat and the guidelines of the Penal Enforcement Commission.

1. The Instructing Canton

a) determines the appropriate correctional facility for each individual case;

b) coordinates the planning of the entire correctional process, including the probation period following release from the correctional facility; it provides the correctional facility, probation services, and other agencies involved in the correctional process with the necessary information and documentation to fulfill their duties;

c) decides on measures such as granting leave, transfer to an open correctional system, execution in the form of work and residential programs, conditional release, and interruption of the sentence. It may delegate the authority to grant leave and residential and work programs to the management of the correctional facility.

2. The Correctional Facility

1. accepts the assigned individuals within its capacity and releases them in accordance with the directives of the instructing canton;

2. prepares, together with the inmate, a correctional plan under the guidelines of the instructing canton, involving probation services or specialized agencies if needed, particularly in preparation for release;

3. reports to the instructing canton when requested, in cases of special incidents such as serious disciplinary violations, accidents, or death of the inmate, and in the submission of petitions.

1. The Execution Plan is a planning instrument for specifying the execution objectives in individual cases. It lists the measures as well as educational and therapeutic means by which these objectives are to be achieved.

2. Depending on the duration of the stay in the correctional facility and the expected living conditions after release, it includes information on the necessary care and therapy needs, work, educational and vocational training, restitution, relationships with the outside world, and preparation for release. The Execution Plan is periodically reviewed and adjusted as needed.

1. If the person admitted proves to be unsuitable for enforcement in the designated correctional facility, causes such difficulties through their behavior that they become untenable, or if the sanction can no longer be carried out for health reasons, the management of the correctional facility shall request the transferring canton to arrange for a transfer. In case of disagreement, the Concordat Secretariat mediates.

2. Upon transfer, the enforcement files, including the enforcement plan and a report on the status of implementation, are forwarded to the new correctional facility.

1. The referring canton reimburses the executing canton for the execution costs and expenses incurred for admission and release. The right of recourse against other liable parties remains reserved for the referring canton.

2. The Penal Execution Commission determines the amount of maintenance fees, taking into account the tasks of the individual execution facilities, and specifies which services are covered by these fees. It establishes minimum standards that must be met for the corresponding maintenance fees to be claimed.

1. The Admitted Person

a) shall pay for personal purchases, particularly tobacco products, luxury items, toiletries, and newspaper subscriptions, vacation expenses, as well as the fees for the use of radio, television, and telephone facilities, at their own expense from their wages;

b) shall be reasonably involved in the costs of semi-detention, work placement, as well as residential and occupational externment;

c) shall bear the costs for social security contributions, special educational measures, and repatriation, to the extent that it is possible and reasonable for them.

1. The Penal Execution Commission shall make the necessary arrangements with other concordats, particularly with regard to the accommodation of women and of sick prisoners.

General agreements by individual cantons with other cantons or concordats require the approval of the Penal Execution Commission.

1. Each canton may withdraw from the concordat by means of a written declaration, observing a five-year notice period, effective at the end of a calendar year.

The remaining cantons shall redistribute the enforcement tasks as necessary.

1. The Agreement of March 31, 1976, is hereby revoked.

1. The Penal Execution Commission determines the entry into force of this concordat.